PS/GE
Bargaining Guidelines
As revised @ Proposals Conference May 2016
Approved by the Membership/Constitution
and Legislation Committee on
September 6, 2016
Saskatchewan Government
and General Employees’ Union
TABLE OF CONTENTS
PAGE
1.PREAMBLE
2.DEFINITIONS
3.PROPOSALS GATHERING PROCESS
3.1Format of a Proposal
3.2Call for Proposals
4.LOCAL PROPOSALS GATHERING
4.1Organizing
4.2Conducting Component Meetings at the Local Proposals Gathering Meetings
5.CONFERENCES
6.THE PROPOSALS CONFERENCE
6.1Preparation for the Proposals Conference
6.2Ratification of Proposals
7.ELECTION PROCEDURE
7.1Proposal Gathering Elections
7.3Bargaining Council Members
7.4Negotiating Committee
7.5Strategy Committees
7.6Joint (Union Employer) Committees
7.7Representative Election to the LTD Plan Supervisory Committee
7.8PS/GE Grievance Committees
7.9PS/GE Anti-Privatization Committee
7.10Local Bargaining Representative to Bargaining Council shall:
7.11Oath of Office
8.ROLES AND RESPONSIBILITIES
8.1The Negotiating Committee shall:
8.2The Negotiating Committee Chairperson shall:
8.3The Negotiating Committee First Vice-Chairperson shall:
8.4The Negotiating Committee Second Vice-Chairperson shall:
8.5The Component Chairperson shall:
8.6Component First and/or Second Vice Chairs shall:
8.7The Bargaining Council shall:
8.8The Local Bargaining Representatives shall:
8.9Component Bargaining
8.10Component Bargaining Sub-Committees:
8.11The Long Term Disability Plan (LTD) Supervisory Committee
Representatives shall:
8.12Staff
8.13Chief Stewards and Stewards
9.COMMUNICATION
9.1Press Statements
9.2Membership Meeting
9.3Bargaining Reports
9.4Membership Feedback
9.5SGEU Website
9.6Information Exchange
10.RATIFICATION AND JOB ACTION
10.1The SGEU Constitution
10.2Ratification/Strike Vote
10.3Mailed Strike Or Ratification Ballots
11.REFERENDUM
12.RECALL
12.1Elected Bargaining Unit official may be subject to a recall.
13.RESIGNATION
13.1Negotiating Committee
13.2Bargaining Council
13.3Local Bargaining Representative to Bargaining Council
13.4LTD Supervisory Committee
13.5Local Component Delegate
14.UNION/MANAGEMENT COMMITTEES
14.3Ministry UMC
14.4Divisional/Regional/Program UMC
14.5Workplace UMC
14.6Minutes of Meetings
14.7Term
15.RULES OF ORDER FOR ALL MEETINGS
16.AMENDMENTS TO THE BARGAINING GUIDELINES
17.QUORUM
18.ORDER OF BUSINESS
Appendix A – Delegate Breakdown
Appendix B – Component Structure
Appendix C – Flowchart
Appendix D – Local District Boundaries
Page 1
PS/GE BARGAINING GUIDELINES
1.PREAMBLE
1.1These written guidelines shall be available to the membership after being approved at the Proposals/Bargaining Conference.
1.2Upon request, members shall be supplied a copy of the Collective Agreement and any Letters of Understanding affecting them signed between negotiations. Copies of theCollective Agreementare available through your local Steward/Chief Steward or the Regional SGEU offices and posted on the SGEU website. Copies of any Letters of Understanding affecting that member areavailable through his/her Component Chairperson.
1.3No matter how the Provincial Council structure changes, these changes will not have any effect on the structure of the PS/GE Bargaining unit in terms of locals or local representatives for the purposes of bargaining.
2.DEFINITIONS
2.1Simple majority refers to fifty (50) percent plus one of the valid votes cast. Abstentions and spoilt ballots shall not count as valid votes.
2.2Plurality refers to the candidate who receives the most votes.
2.3Recall refers to a process by which an elected official can be removed from his/her office.
2.4Absences for valid reasonsinclude but are not limited to the following: union business, education, family issues, sick leave, work, vacation leave. Members absent with causewill be deemed to have attended the meeting/events.
2.5Member in good standing shall have the rights and privileges afforded them under Article 4.2 of the SGEU Constitution.
2.6.1PS/GE refers to the members of the Public Service/Government Employment Bargaining Unit which consists of members as identified in Article 2 of the PS/GE Collective Agreement – Scope.
2.7A referendum is a vote of the members on a specific item.
2.8Bargaining update consists of a publication in regards to negotiations, call for proposals, ratification votes, strike votes or information during negotiations.
The PS/GE Bulletin will consist of events, language clarification, broader news announcements, call for committee representatives, etc. On occasion this information may also be included in the Bargaining Update.
3.PROPOSALS GATHERING PROCESS
3.1Format of a Proposal
3.1.1A proposal is a suggested change to the Collective Bargaining Agreement.
3.1.2A proposal must be clear and concise. Proposals should be submitted on the Proposal Submission Form which shall be supplied to the members through their Local Bargaining Representative, the Stewards, the three Regional offices of SGEU, the SGEU Website and/or the Bargaining Update.
3.1.3A proposal shall be accompanied by the submitter's name, address, phone number and Local number for purposes of clarification and/or verification. Proposals submitted for consideration shall be signed by the member submitting same.
3.1.4A proposal should include:
3.1.4.1Type of proposal – general or component or Health/Dental Plan;
3.1.4.1.1General – A proposal that affects the majority of membersor the entire bargaining unit.
3.1.4.1.2Component – A proposal specific to one group of occupations or that affects a whole group of occupations that fall within a specific component.
3.1.4.1.3Health/Dental – Aproposal related to the extended health plan or the dental planis referred to theHealth PlanBoard of Trustees.
3.1.4.2Subject/Topic matter;
3.1.4.3The idea or concept to be changed; and
3.1.4.4Rationale.
3.2Call for Proposals
3.2.1Members in good standing have the right to submit proposals for consideration and shall be notified of the process to do so.
3.2.2The Negotiating Committee is responsible for making a call for proposalsat a minimum of three months before the date of the Proposals Conference.
3.2.3A bargaining report shall be used to advertise the timetable and the procedures for theProposals Gathering.
3.2.4Localmembers shall be advised to submit their proposals to the Local Chairperson/President or the Local Bargaining Representative prior to the Proposals Gatheringor present them at the Local Proposals Gatheringmeeting.
4.LOCAL PROPOSALS GATHERING
4.1Organizing
4.1.1The Local BargainingRepresentative in consultation with the Local Chairperson/President and Negotiating Committee shall be responsible forcalling the Local Proposals Gathering meeting and setting the agenda.
4.1.1.1A tentative agenda for the Local Proposals Gathering meeting will be as follows:
Call to Order
Reading of the SGEU Statement of Equality
Appointment of Ombudsman
Election for the Local Bargaining Representative plus two alternates.
Divide into the component meeting.
Select/elect a chairperson to chair the component meeting.
The chairperson shall call for nomination and election for the component delegates.
Review component proposals and present proposals from the floor for ratification in the component.
Members will return to the main meeting to vote on the package of General Proposals being forwarded to the Proposal conference.
Adjournment
4.1.2The Negotiating Committee shall be notified by the Local Bargaining Representative of the date, time and location of the Local Proposals Gathering meeting within four weeks of the initial call for proposals.
4.1.3If the Local does not notify the Negotiating Committee of Local Proposal Gathering meetings the Negotiating Committee shall investigate why the notice of meeting was not received and ensure that a meeting takes place.
4.1.4The Local members shall be notifiedof the date, time and location of the meeting at least twoweeks prior, by letter or poster in the workplace. The Negotiating Committee shall ensure that a “Report on Bargaining” is mailed to all members with logistical information included.
4.1.5A recorder shall be assigned and a record of attendance and minutes of the meeting shall be forwarded and kept by the Negotiating Committee. The required forms for the recording of the meeting shall be supplied by the Negotiating Committee.
4.2Conducting Component Meetings at the Local Proposals Gathering Meetings
4.2.1The components shall consist of occupations of the Public Service/Government Employees and shall be grouped into categories. The Occupational Codes for each Component are listed in Appendix B of these Bargaining Guidelines.
4.2.2The six components that make up the PS/GE Bargaining Unit are as follows:
4.2.2.1Support Services;
4.2.2.2Administration and Communication;
4.2.2.3Trades and Technical;
4.2.2.4Legal, Inspection and Regulatory;
4.2.2.5Human Services; and
4.2.2.6Vehicle, Equipment andOperations.
4.2.3Meetings shall be chaired by the Local member elected/selected as chairperson for each Component.
4.2.4A recorder shall be assigned and a record of attendance and minutes of the meeting shall be forwarded to and kept by the Negotiating Committee. The required forms for the recording of the meeting shall be supplied by the Negotiating Committee.
4.2.5The Component Chairperson shall present the submitted proposalsand ask for further proposals from the floor.
4.2.6Proposals submitted prior to, or presented at the meeting, shall be ratified by a majority of those members in attendance at the meeting, in order for the proposals to be considered at the Proposals Conference. Late or non-ratified proposals may be submitted to the Negotiating Committee to be presented at the Proposals Conference.
4.2.7Local component delegates shall be elected at this meeting. Entitlement is determined in Article 7.1.5- Elections Procedure and Appendix A of these Bargaining Guidelines.
4.2.8The Component Chairperson shall be responsible for forwarding the ratified proposals and the names of the Proposals Conference delegates to the Negotiating Committee Representative immediately following the Component meeting.
4.2.9If a Local Component delegate or Local Bargaining Representative transfers their membership to another Local during their term of office, they shall be deemed to have resigned as Local component delegate or Local Bargaining Representative respectively. This does not affect positions elected at Proposals Conference (an example being the LTD Committee). Resulting vacancies shall be filled as per Article 13 - Resignation.
4.2.10When a member holds employment in more than one component, that member will select the one Component in which they choose to participate including standing for office.
4.2.11Should a Local Component Delegate choose to accept sole employment in a position that is in another Component in their term of office, that delegate will have deemed to have resigned as the Local Component Delegate. Resulting vacancies shall be filled as per Article 13 – Resignation.
5.CONFERENCES
5.1PS/GE Proposals Conferences shall be for amendments to the Bargaining Guidelines, proposal ratification and election of representatives. Such conferences shall be held prior to a new round of bargaining.
5.2Conferences occurring between Proposals Conferences shall be called Bargaining Conferences. Bargaining Conferences shall be at the call of the Chairperson of the Negotiating Committee and/or by a majority of the Bargaining Council. The agenda at this Bargaining Conference shall be identified by the Chairperson of the Negotiating Committee or the Bargaining Council.
5.2.1All component delegates and Local Bargaining Representatives who attended the last PS/GE Proposals Conference shall be automatic delegates to the PS/GE Bargaining Conference.
5.3The Negotiating Committee and/or their designates shall be responsible for the Conference preparation.
6.THE PROPOSALS CONFERENCE
6.1Preparation for the Proposals Conference
6.1.1In preparation for the Proposals Conferencethe Negotiating Committee and/or their designates shall:
6.1.1.1establish rules of order subject to adoption by the delegates;
6.1.1.2keep accurate and complete minutes of the conference;
6.1.1.3keep a record of attendance;
6.1.1.4prepare a list of component delegates and Local Bargaining Representatives;
6.1.1.5set the dates for the Proposals Conference;
6.1.1.6determine location of Proposals Conference;
6.1.1.7set the agenda for the Proposals Conference;
6.1.1.8sort proposals under appropriate headings and articles in the Collective Agreement and separating those proposals pertaining to components/groups from the main package of proposals;
6.1.1.9make recommendations on all proposals; such recommendations shall be acceptance, rejection, referral or redundant;
6.1.1.10recommend the best proposal and/or prepare a composite proposal, if there is more than one proposal per Article;
6.1.1.11assemble all proposals into a package format according to the order of the Articles in the Collective Agreement; this shall be completed at least four weeks prior to the Proposals Conference;
6.1.1.12mail the proposal package and conference agenda to all delegates to the Proposals Conference at least three weeks prior to the conference;
6.1.1.13update the number of eligible delegates to the Proposals Conference and advise the Local Bargaining Representative.
6.1.1.14ensure all eligible delegates are invited to attend the Proposals Conference (in the event of a delegate resignation, the Negotiating Committee shall advise alternates of the need to fill resulting vacancies as per Article 13 - Resignation.)
6.2Ratification of Proposals
6.2.1Ratification of general or main package proposals:
6.2.1.1No proposal that is specific to a single component shall appear in the main proposals package unless a motion to that effect is carried by a twothirds vote of the delegates voting at the Proposals Conference.
6.2.1.2A proposal that applies to more than one component shall be placed in the main proposals package provided it achieves a simple majority vote of the delegates voting at the ProposalsConference.
6.2.1.3Late proposals or non-ratified proposals may be presented at the Proposals Conference and shall be considered for inclusion in the final package by a two thirds vote of the delegates votingat the Proposals Conference.
6.2.2The ratification of component specific proposals shall be as follows:
6.2.2.1Component specific proposals shall be ratified by a simple majority vote of the delegates voting in that Component during the Component meeting.
6.2.3Prior to the initial proposals package being submitted to management, the Proposal Conference shall ratify all proposals formulating the package.
6.2.4Between Proposals Conference and the start of Bargaining – if an issue arises that can only be dealt with at the Bargaining table; the Negotiating Committee is mandated to submit a proposal to deal with the issue.
6.3Amendments to thePS/GE Bargaining Guidelines shall be made at the Proposals/Bargaining Conferenceas per Article 16of this document.
6.4Election of the following representatives and alternates shall occur as per Article 7 of this document:
6.4.1Component delegates and alternates to theBargaining Council;
6.4.2Component Chairperson (Negotiating Committee members), the First and the Second Vice Chairpersonof the Component;
6.4.3ComponentLong Term Disability Plan Supervisory Committee representatives and alternates;
6.4.4Negotiating Committee Chairperson, and the First and Second Vice Chairperson of the Negotiating Committee.
6.5Vote on the Bargaining Council’s recommended changes to Appendix B SGEU PS/GE Component Structure.
7.ELECTION PROCEDURE
7.1Proposal Gathering Elections
7.1.1Elections at the Local Proposals Gathering shall be determined by the Local as contained within their Bylaws. In the absence of such Local Bylaws, elections shall be by simple majority.
7.1.2Any component in any Local may elect a Local Component delegate, provided that a minimum of three members of that component are also members of the Local.
7.1.3If a Local has less than three members in a component, those members may choose to join their counterpart in an adjacent Local.
7.1.4If adjacent Locals each have a component with less than three members, they may form a joint component committee which shall serve both Locals.
7.1.5Local component members shall elect delegates to the Proposal Conference on the following basis:
-For the first 149 members or portion thereof: one delegate.
-Beyond that the following will shall apply cumulatively:
Members:
150 to 249-1 additional delegate
250 to 3491 additional delegate
350 to 4491 additional delegate
450 to 649-1 additional delegate
650 to 849-1 additional delegate
850 to 1049 -1 additional delegate
1050 to 1249-1 additional delegate
1250 to 1449- 1 additional delegate
1450 to 1649- 1 additional delegate
1650 to 1849- 1 additional delegate
7.1.6Each component shall elect the number of delegates, as set out in the formula above, for the Proposals Conference as determined by the Negotiating Committee and according to the current number of members.
7.1.7Each Local shall, from their membership elect one delegate, who will represent their Local and will be called the Local Bargaining Representative, and two alternates, first and second. This election shall be organized by the existing Local Bargaining Representative, and shall be prior to component groups in the Local electing their delegates to the Proposals Conference. All Local members in good standing in attendance shall be eligible to vote.
7.1.8Members who are elected to the Local Bargaining Representative positions are not eligible for election for the Component positions at the Proposals Conference.
7.1.9Term of office shall be from theend of theProposals Conference, until the next Proposals Conference.
7.2Proposals Conference Elections
7.2.1Candidates must be members in good standing who are duly accredited to attend the Conference as a delegate. Eligibility for holding office is outlined in Article 7.3(Bargaining Council Members) and 7.4 (Negotiating Committee).
7.2.2Observers are not eligible to vote or run for office.
7.2.3Candidates must be nominated by another duly accredited delegate.
7.2.4The candidate must signify their acceptance of the nomination.
7.2.5Those candidate(s) receiving a simple majority of all valid ballots cast will be declared elected.
7.2.6Abstentions and spoilt ballots shall not be counted as valid.
7.2.7If no candidate, or in multiple-seat elections not enough candidates, receive the required support, the chairperson shall announce a further round of balloting.
7.2.8The candidate(s) with the least number of ballots cast in their favour shall be dropped from subsequent ballots, unless doing so would reduce the number of remaining candidates to equal to or less than the remaining number of seats. In this special instance, none of the candidates will be dropped, and a further round of balloting will occur.
7.2.9Candidates may announce their voluntary withdrawal from the ballot.
7.2.10For the election of theNegotiating Committee Chairperson, Negotiating Committee First Vice Chairperson, Negotiating Committee Second Vice Chairperson, Component Representatives, LTD representatives, Chairpersons and Vice Chairpersons of the Components and the Bargaining Council, the process outlined in points 7.2.5 to 7.2.9 shall be used.
7.2.10.1The election of alternates by a simple majority vote, with alternates being identified as first, second, third, etc. specific to that particular representative.
7.2.11Election of Joint Committee Representatives shall be by a simple majority vote. These elections will be done at the first Bargaining Council meeting following the Proposals Conference.
7.3Bargaining Council Members
7.3.1Each component shall be eligible to elect one member to Bargaining Council for every six delegates eligible to attend the Proposal Conference or greater portion thereof.
7.3.2Election of Component Bargaining Council Representativesand alternates, shall take place at the Proposals Conference at a time and in such a manner as satisfies the agenda of the conference. Elections shall take place in a caucus meeting of that particular component and only the delegates elected at the Local Proposals Gathering Component meeting shall be eligible to vote for and hold office as representatives of the component.
7.3.3The representatives of each of the components and Local Bargaining Representatives shall form the Bargaining Council.
7.3.4Each component shall elect at least threealternates to the Bargaining Council.
7.3.5Term of office for the Component Representatives to Bargaining Council shall be from the end of the Proposals Conference to the commencement of the next Proposals Conference.